Personal Injury Claim: Qualification, and Damages

When you meet with a personal injury due to someone else’s negligence, your life gets disrupted in the worst way. Thus, it is essential to have knowledge about the personal injury law of Florida to have a basic idea of your rights. This will help you in a long way to recover any compensation for your losses. So, in this comprehensive guide, we have covered all the relevant details on the qualifications and damages while pursuing a personal injury claim. So, without any further ado, let’s get started!

Are You Qualified For A Personal Injury Claim?

Well, you have to understand that negligence has to be proved on the part of the wrong-doer to enforce the personal injury claim. There are different components in the personal injury claim so it is better to have a good understanding of them before opting for a lawsuit. Let us discuss them in detail.

  • Breached duty of care

The prime element in the personal injury claim lawsuit is the breached duty of care. Let us understand this with the help of an example. A pet owner should take all the measures to keep his pet secure. The owner of the pet has a responsibility to prevent his pet from escaping his premises and attacking the nearby civilians.

If he fails to do so and the pet attacks anybody then the victim can opt for a personal injury lawsuit with the breached duty of care component. 

  • Damages of the victim

There should be a personal injury to the victim from the damage by the wrong-doer. It can be physical, emotional, or any other type of loss. However, the victim has to prove all the loss due to the damages in the personal injury. So, it is best to preserve evidence, collect all the relevant documents from the authorities involved in the whole accident, and give them to your personal injury attorney.

For example, the victim has to prove that the injuries are connected to the attack by the pet of the pet owner. On the other side, pet owners can claim that the attack only aggravated the existing injury. There are many loopholes in the whole lawsuit so it is necessary to partner with a reliable Port St Lucie personal injury attorney to get proper assistance.

  • Reasonable Care

Once it is established that the loss to the victim occurred due to the pet, then the pet owner or wrong-doer is responsible for providing adequate compensation for medical care and reasonable emotional loss.

Types Of Damages Involved In Personal Injury Claims

  • Physical Damage

Any physical damage like fractures, wounds, etc., that resulted in medical care is eligible for a personal injury claim. Moreover, they are pretty easy to prove in the lawsuit. You can present all your hospital and medical bills to your insurance partner.

  • Lost Financial Opportunity

If the injury resulted in damages that caused you to leave your job then you can apply for income compensation. Financial income is necessary for a good livelihood, so your attorney will guide you through the process to avail the compensation for it. 

Moreover, you can prove that you are the primary or sole earner of your family and the loss of financial opportunity has affected all your family members to avail compensation for the damages that occurred in the personal injury.

  • Emotional Loss Or Distress

Any emotional loss or distress due to events of the personal injury event is eligible under the claim. With the example of the pet attack, if the victim develops a phobia of the pet and is unable to return to his/her daily routine, then he/she can claim compensation against it under a personal injury claim.

  • Inability To Work & Negative Impact On Life

Some personal injuries permanently damage the victim’s body resulting in total inability to work. Here, you can demand compensation for all the inability to work and all the lost opportunities in the future.

In some cases, personal injury results in certain events that negatively impact the victim’s life. This may be a little challenging to prove but your attorney can help you with proper compensation.

Some Last Words

By now, you are well aware of all the essential components of personal injury laws that will come in handy when you have to tackle such a grave situation. It also helps you in hiring the best lawyer who can understand your case well and work on the enforcement of your rights in the best way.